R-21-40RESOLUTION NO R-2140
A RESOLUTION APPROVING THE CITY'S PARTICIPATION IN THE PROPOSED
SETTLEMENT OF OPIOID-RELATED CLAIMS AGAINST VARIOUS NAMED
ENTITIES AND AUTHORIZING AND DIRECTING THE EXECUTION OF ANY
DOCUMENTATION NECESSARY TO EFFECTUATE THE CITY'S PARTICIPATION
IN THE SETTLEMENTS
WHEREAS, the opioid epidemic that has cost thousands of human lives across the country
and also impacts the City of Fairfax (the "City") by adversely impacting the delivery of emergency
medical, law enforcement, criminal justice, mental health and substance abuse services, and other
City services; and
WHEREAS, the City has been required and will continue to be required to allocate
substantial taxpayer dollars and resources to address the damage the opioid epidemic has caused
and continues to cause its citizens; and
WHEREAS, the City has filed suit against McKesson, Cardinal Health,
AmerisourceBergen, and Janssen Pharmaceuticals, along with certain of their related corporate
entities for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products
that have fueled the opioid epidemic; and
WHEREAS, The City's suit seeks recovery of public funds previously expended and to be
expended in the future to abate the consequences and harms of the opioid epidemic; and
WHEREAS, settlement proposals have been negotiated that will cause McKesson, Cardinal
Health, AmerisourceBergen, and Janssen to pay up to S26 billion nationwide to resolve opioid-
related claims against them; and
WHEREAS, the City's outside opioid litigation counsel has recommended that the City
participate in the settlements in order to recover its share of the funds that the settlement would
provide; and
WHEREAS, the City Attorney has reviewed the available information about the proposed
settlements and concurs with the recommendation of outside counsel;
NOW THEREFORE BE IT RESOLVED that the City Council hereby, on behalf of the
City, approves of the City's participation in the proposed settlement of opioid-related claims against
McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities, and
directs the City Attorney and/or the City's outside counsel, and the Mayor and/or the City Manager
as necessary, to execute any documents necessary to effectuate the City's participation in the
settlements, including the required release of claims against settling entities.
Adopted: October 26, 2021
kqawj�.&'
Mayor
Attest:
�InIaS City Clerk
,
The vote on the motion to
approve was recorded as follows:
VOTE:
Councilmember Harmon
Aye
Councilmember Lim
Aye
Councilmember Miller
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye
Councilmember Yi
Aye